The BC government has introduced two important changes to the Employment Standards Act (the “ESA”) that affect how employers manage employee absences. Bill 11, effective November 12, 2025, limits when employers can request health practitioner notes for short-term health-related leaves. The amendments to the ESA under Bill 11 also apply to unionized employees covered by collective agreements.
Bill 30, which has not been yet enacted, proposes a new 27-week unpaid, job-protected leave for employees dealing with serious illness or injury. Together, these changes clarify employee rights and employer obligations for managing health-related absences.
Protecting Privacy on Short-Term Leaves
Under Bill 11, employees are entitled to two health-related leaves per year of five days or less, including weekends and holidays, without providing a health practitioner’s note. The entitlement resets on January 1 each year. Even though employers cannot request a heal practitioner’s note in these circumstances, they can still ask an employee to provide written confirmation of the basis for their absence.
Employers can still request a health practitioner’s note if an absence exceeds five days, a third absence occurs in the same calendar year, or if medical information is required in assessing fitness to return to work or accommodations under human rights law.
Long-Term Leave for Serious Illness or Injury
The current wording of Bill 30 proposes a new leave of up to 27 weeks within a 52-week period for employees unable to work due to serious illness or injury. The leave can be broken into periods of at least one week to accommodate recurring treatments or episodic conditions.
Employees must provide a medical certificate from a health practitioner confirming their inability to work and specifying the start date of the leave and anticipated return to work date. The leave is job-protected, requiring employees to be returned to their pre-leave position or a comparable role. This leave is separate from obligations under the BC Human Rights Code, which may require longer accommodations.
The leave does not have to be taken consecutively; if an employee has returned to work and medical circumstances change, they can submit a new medical certificate and continue their leave, subject to the 27-week cap.
The entitlement and conditions of the proposed serious illness or injury leave could change by the time Bill 30 comes into force.
Preparing for the Changes
Employers should update their policies, employment contracts, and procedures to reflect the new leave entitlements and remove any requirements for sick notes for an employee’s first two short-ter absences. Employers should also train managers and HR staff on how to comply with the new rules under the ESA.
Employees should understand when documentation is required and the protections available under both the ESA and the Human Rights Code.
The team at Kent Employment Law can provide guidance on these updates and help employers and employees navigate the new rules.
